Shafikul @ Shafiqur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7939 of 2019 Arising Out of PS. Case No.-185 Year-2014 Thana- BAUSI District- Purnia ====================================================== SHAFIKUL @ SHAFIQUR RAHMAN aged about 35 years male Son of Ibrahim Resident of Village - Naya Tola Gotfar Fulbhasa P.s. Baisi, District Purnea.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Baisi P.S. Case No. 185 of 2014 registered for the offence punishable under Sections 363, 3723, 420 and 120B of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the Informant along with FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is delay of about 9 days in lodging the FIR. The girl was recovered on 01.09.2014 from the house of

Patna High Court Cr.Misc. No.7939 of 2019(2) dt.15-02-2019 2/3 Jamshed Alam. Petitioner has got no criminal antecedent and is in custody since 28.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 185 of 2014, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation

Patna High Court Cr.Misc. No.7939 of 2019(2) dt.15-02-2019 3/3 of bail of the petitioner.

(S. Kumar, J) ranjan/- U